Terms and Conditions

Welcome to Simxas.

Terms and Conditions

This notice highlights your use of Simxas and its products and or services, and our use of your data. This notice may be amended or updated at any time any moment as we reserve the rights. We advise that you check it regularly for update.

This information legally binds Simxas which inludes subsidiaries, affiliates and participating organizations (together, “Simxas”, “we”, “us” and “our”) and individuals outside the organization with whom we refer to as users and visitors of our website, Apps and or other products/services (together, “you” and “your”).

Privacy Policy

Your privacy is important to Simxas. This Privacy Policy covers how we collect, use, disclose, transfer, and store your information. Please ensure you familiarize yourself with this policy and contact us if you have any questions.

By using Simxas, you signify your agreement to be bound by these privacy policy. We offer several products, services and website features, and in some cases separate policy may apply and you will also be subject to the policy applicable to that Simxas product, service and/or website feature. We reserve the rights to change these policy at any moment. Below is how we have describe the privacy policy.

1. About this Notice

This Privacy and Cookie Notice provides information on how Simxas collects and process your personal data when you use our website and/or mobile applications.

• Process orders
• Deliver products and services
• Process payments and communicate with you about your orders, products, services and promotional offers
• Keep and update our database and your accounts with us
• Propose a unique and targeted navigation experience
• Prevent and detect fraud and abuse on our website

 

2. The data we collect about you

We may collect your personal data in order to provide and do our best to continually improve our products and/or services. We may collect, use, store and transfer the following different kinds of personal data about you:

• Information you provide to us: We receive and store the information you provide to us including your identity data, contact data, delivery address and financial data.
• Information on your use of our website and/or mobile applications: We may collect and store certain types of information regarding your use of Simxas including information about your searches, views, downloads and purchases.
• Information from third parties and other available sources: We may receive information about you from third parties including carriers, payment service providers, merchants/brands, internet service providers, advertising service providers and others.

 

3. Cookies and how we use them

Cookies allow us to distinguish you from other users of Simxas. This helps us to provide you with an enhanced user experience as we do our best to ensure that our users face less difficulties in the use of our website and/or apps. We may use cookies for;

• Recognising and counting the number of visitors and to see how visitors move around the site when they are using it (this helps us to improve the way our website works, which includes ensuring that users can find what they are looking for).
• Identifying your preferences and subscriptions including language settings, saved items, items stored in your basket and Prime memberships.
• Sending you newsletters, emails, text and commercial/advertising messages tailored to your interests.

Third parties may also set cookies when you use Simxas. Third parties include search engines, providers of measurement and analytics services, social media networks and advertising companies. Simxas therefore accepts no liability that may arise from the use of such.

 

4. How we share your personal data

We may share your data including personal data and financial data with third parties for the following purposes:

• Sale of products and services: In order to deliver your products and/or services purchased on our market platform from sellers or third parties, we may be required to provide your data to such parties involved.
• Working with third party service providers: We engage third parties to perform certain functions some of which includes selling products and/or services, delivering packages, analyzing data, providing marketing assistance, processing payments, transmitting content, assessing and managing credit risk, advertising and providing customer service.
• Business transfers: As we continue to develop our business, we may sell or buy other businesses and/or services. In such transactions, customer information may be transferred together with or without other business assets.
• Detecting fraud and abuse: We may release account and other personal data to other companies and organizations for fraud protection and risk reduction to comply with the law.

When we share your personal data with third parties we:

• Require them to agree to use your data in accordance with the terms of this Privacy Policy, Conditions and in accordance with the law; and
• Only permit them to process your personal data for specified purposes and in accordance with the law. In as much as we can, we do our best to not allow third-parties use your personal data for their own purposes. Simxas accepts no liability that may arise from the inappropriate use of your data by third parties.

 

5. International transfers

We may transfer your data to countries or locations. There may be inherent risks in such transfers. In the event some international transfers of your data, we shall put in place measures within our limit, necessary to protect your data with respect to legal rights and applicable laws.

 

6. Data security

As much as we do our best, we keep your data save to prevent your account from unauthorized access. You are solely responsible for keeping your account credentials including your password secure in order to prevent unauthorized access to your data.

We limit access to your data to employees, and other third parties who have a business need to know which is subject to confidentiality and applicable laws. We reserves the right to limit or disable your account or notify you anytime we sense an unauthorized access to your account to access your data. You also reserves the right to notify us about unauthorized access to your account or delete your account.

 

7. Your legal rights

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

You have rights, including the right to object, access, erase, correct your data, unsubscribe from our emails, newsletters and/or delete texts.

 

Conditions of use

Simxas in Africa and/or it’s affiliates “Simxas” provide products and services not limited to website features to you when you shop at Simxas.com. Sell and/or buy from the best market platform, your products and /or services. Kindly read our Privacy and Policy to understand how your information is handled through Simxas. Be informed that these may change from time to time.

Do read these conditions carefully before using Simxas. By using Simxas services, you confirm your agreement to be bound by these conditions. We offer a wide range of services, and sometimes additional terms may apply. When you use a Simxas service, you will also be subject to the terms, guidelines and conditions applicable to that particular “Service Terms”. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1. COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS

All content included in or made available through any Simxas service, is the property of Simxas or its content suppliers and is protected by copyright, authors’ rights and database right laws.

You may not extract and/or re-utilize parts of the content on Simxas without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Simxas service (not limited to our prices and product listings) without our express written consent.

2. YOUR ACCOUNT

As a user, you may need your own Simxas account to use certain products and services from Simxas, and you may be required to be logged into the account and use your valid certain payment method associated with it. You can manage your payment method options to use, that it is available on Simxas to select from.

If you use any Simxas service you are solely responsible for maintaining the confidentiality of your credentials (“account and password’) and for restricting access to the computer you use, and to the extent allowed by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should make sure to keep your credentials secure and immediately inform us if you have any reason to believe that your password and/or account has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete.

You must not use any Simxas products and/or services:

• in any way that causes, or is likely to cause, any Simxas product and/or service, or any access to it to be interrupted, damaged or impaired in any way, or
• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or
• to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse any Simxas products and/or services or terminate or limit accounts if your behaviour gives justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on the website. You may continue to have access to content and services purchased by you up to that point.

3. ELECTRONIC COMMUNICATIONS

When you use any Simxas products and/or services or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically or by post in a variety of ways, such as by e-mail, text, by post, or communications on the website. You agree that all agreements, notices, disclosures and other communications that we provide you satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

4. RECOMMENDATIONS AND PERSONALISATION

As part of the our services, we will recommend features, products, and services, some of which may come from other sources including ads that might be of interest to you, to suit your experience.

5. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content, other communications and submit suggestions, ideas, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise hurtful to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us. We reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on any Simxas product and/or service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on Simxas.com, please notify us through the appropriate communication resolution medium and we will respond.

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together “content”, you grant Simxas;

(a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and

(b) the right to use and/or edit the name that you submit in connection with such content. No moral rights are transferred by this provision.

You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted:

• the content and material is accurate; and
• use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

You agree to indemnify Simxas for all claims brought by a third party against Simxas arising out of or in connection with the content and material you supply. By deleting content from public view, you withdraw your license for Simxas to publish and make available that content publicly.

6. CHILDREN

Simxas do not sell products and/or services for purchase by children. People under the age of 18 years should acquire Simxas product and/or service only with the involvement of a parent or guardian who is above the age of 18 years and of sound mind. Simxas is not responsible if a user does not observe this utmost good faith.

 

OTHER BUSINESS, SELLERS, ORGANIZATIONS, INSTITUTIONS

Simxas in other words is seen as a market platform. Parties other than Simxas operate stores, provide services, or sell product on this website. We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these organizations or individuals or the content of their websites. Simxas does not claim any responsibility or liability for the actions, product, and/or content of all of these or any other parties. You can inform when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements, terms and other conditions of use.

 

Conditions of Sale

This governs the sale of products and/or services by Simxas to you. There may also be conditions relating to the sale by third parties to you on simxas.com platform. We offer a several range of Simxas products and/or services, and may include additional terms separately. When you use any Simxas products and/or services, you will also be subject to the terms, guidelines and conditions applicable to that product and/or service (“Service Terms”). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will manage.

Do read these conditions carefully before placing an order on Simxas. By placing an order on Simxas, you confirm your agreement to be bound by these conditions.

1. CONTRACT

When you place an order on Simxas.com, your order is an offer to Simxas to buy the product(s) and/or service(s) in your order. Simxas reserves the right to reject or accept (complete) the offer. When you place an order to purchase a product and/or service from Simxas, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”) but does not confirm acceptance of your offer to buy the product(s) and/or service(s) ordered. We only accept your offer, and conclude the contract of sale for a product and/or service ordered by you, when we complete and dispatch the product and/or service to you and send e-mail confirmation to you that we’ve completed and dispatched the product and/or service to you (the “Complete Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Complete/Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) and/or service(s) specified in that Complete/Dispatch Confirmation E-mail. Your contract is with Simxas. When you place an order ones payment is done, you can and/or cannot cancel the order. Certain details of the order may be found in the account section of your dashboard on the website.

When your order (offer) is rejected, refund of your payment (upon careful investigation), if found valid, shall be made available to you through the same payment method or a different payment method that we may ask you to provide.

2. PRICING AND AVAILABILITY

Prices are inclusive of legally applicable VAT.

We cannot be more specific about availability. As we process your order, you will be informed by e-mail as soon as possible if any product(s) and/or service(s) you ordered, turn out to be unavailable, your funds will be refunded to you or you will not be charged for those product(s) and/or service(s).

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Despite our best efforts, some number of product and/or service in our catalogue may be mispriced. We will verify pricing when processing your order. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.

3. PRODUCT INFORMATION/DESCRIPTION

Unless expressly indicated by Simxas otherwise, Simxas is not the manufacturer of the products and/or services sold on the website. We strongly recommend that you do not rely solely on the information stated on the website about the product and/or service as it is for information purpose only. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Please always carefully read labels, warnings and directions provided with the product before use. You should contact the manufacturer for instructions or information before using a product.

Simxas does not accepts any liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

4. CUSTOMS

When you order products from Simxas for delivery outside of Ghana, you may be subject to certain charges some of which may include import duties and taxes, which are levied once the package reaches the specified destination. Certain charges for customs clearance shall be borne by you if that specific country demands so; we do not control these charges. So you should contact your local customs office for further information. When you order from Simxas, you are impliedly considered as the importer and must comply with all laws and regulations of the country in which you are receiving the products.

5. CHILDREN

Simxas do not sell products and/or services for purchase by children. People under the age of 18 years should acquire Simxas product and/or service only with the involvement of a parent or guardian who is above the age of 18 years and of sound mind. Simxas is not responsible if a user does not observe this utmost good faith.

 

Buyer Protection

Shop with confidence and assurance with money back guarantee on Simxas.

We assure you with your money back if your order doesn’t meet the agreed terms, you can claim for a partial or full refund within 15 days from the delivery date. If the item you receive is not as described, or if your item is not delivered within the specified period, you can receive a refund fifteen (15) days after the claim process completes. This assurance extends to your statutory rights as the consumer, in accordance with all legal laws and regulations applicable in the country.

APPLY FOR REFUND

Contact seller to get your money back in fifteen (15) days by going to your orders history and choose the item. Interact the issue with the seller and agree on a possible solution. If you do not settle on an amicable agreement after contacting the seller, raise a complaint by opening a dispute with fifteen (15) days following the delivery of your order or the end of the package receipt confirmation period which is stated in your order details. Sellers will return your money in fifteen (15) days. If the dispute is not resolved, contact Simxas from the order details page to escalate your issue.

FREE RETURN

Concerning item(s) that has “Free Return” on it, you can return the item(s) within fifteen (15) days from the date of receiving the item(s), without any explanation or justification if the item is not used and undamaged condition and with original packaging and all safety seals and labels are retained in place and not damaged. Before you place an order, you can kindly contact the seller or the customer service on the platform to confirm whether you are entitled to Free Return Service.

Please return the item(s) as specified following the instructions on the return form that you recive. You will be partially or fully refunded as soon as inspections has been completed and the returned item(s) meet the requirements and or conditions of refund. You can always go to the return and refund dispute page to update the progress.

Simxas monitors return activities for abuse and reserves the right to limit returns on Simxas in all instances.

Conditions for submitting Refund Request:

• The item(s) has not been used.
• The item(s) is in perfect condition and in its original packaging.
• All safety seals and labels are retained and in perfectly at the exactly place and not damaged.

The shipping cost of your returned goods will be paid by the seller

Statutory rights allow the seller(s) to comply with other relevant legal requirements that may be applicable depending on your location as buyer. In most countries, please note that in case of return, the buyer must bear the cost of returning the item(s) to the seller.

 

Buyer Protection Money Back Guarantee Official Rules, Terms & Conditions

These Terms & Conditions apply to the Buyer Protection Money Back Guarantee in Simxas.

1. Promoter:

The contracting party determined in the transaction service agreement on simxas.com (“Simxas” or the “Promoter”).

2. Eligible Member:

You must be a registered member of Simxas with a valid account and have successfully made and completed a purchase of goods and or services on Simxas.

3. Buyer Protection Period:

The number of days that is appearing or confirmed on the product listing page at the time when the Eligible Member completed the purchase from the seller on Simxas which the seller guarantees the Eligible Member that it would receive the goods and or services ordered from the seller, start counting from the day the Eligible Member completes such purchase on Simxas.

4. Rules

a). If the Eligible Member does not receive the goods and or services within Buyer Protection Period or receives goods and or services that are sub-standard in its view, the Eligible Member may initiate the dispute procedures on the Simxas platform to report the incident to Simxas.

b). During the Dispute Procedures, Simxas will investigate this incident considering but not limited to the following factors:

(i) Whether goods and or services received by the Eligible Member are damaged, defective, or are substantially different from what has been presented or described on the product listing page;

(ii) Whether the non-arrival of goods and or services to the Eligible Member is due to factors beyond its control;

(iii). Whether the non-arrival of goods and or services to the Eligible Member is due to error or miscommunication on the part of the Eligible Member. For example, providing incorrect shipping address etc ; or

(iv) Whether the goods and or services are returned to the seller due to such goods and or services not being able to clear customs.

c). Simxas may ask the Eligible Member for relevant information, documentation, records and or other evidence to support Eligible Member’s claim.

d). After the Dispute Procedures, Simxas will determine (which is final and not subject to appeal). If the determination is in favor of the Eligible Member, subject to the terms of the Rules (including but not limited to the force majeure clause in article 6 of this Terms), the Eligible Member will be eligible for a refund within 15 days from the date of completion of the Dispute Procedures. Such refund will be generally credited to the same means of payment used by the Eligible Member when placing the affected order on Simxas, unless the parties have agreed on some other means and subject to the relevant technical constraints.

5. General Rules:

a). By participating in this Buyer Protection, you agree to be bound by these Rules.

b). Any fraud and or abuse by you as determined by the Promoter at its sole discretion will result in forfeiture of your eligibility to this Buyer Protection and or rights under these Rules.

c). Simxas is not responsible for any illegible, delayed, responses, misdirected, lost, incomplete or undeliverable entries, late, or other correspondence, whether by e-mail or otherwise.

d). Simxas shall determine at their sole discretion base on the Promoter’s record, the eligibility to this Buyer Protection. If there is any discrepancy between the record of transaction held by you and that held by the Promoter, the Promoter’s record shall be conclusive and binding on you.

e). Simxas reserves the right to amend these Rules without prior notice. In the event of disputes, the decision of the Promoter shall be final and binding.

f). Simxas reserves the right and absolute discretion to cancel or revoke anyone’s right to participate in this Buyer Protection.

6. Force Majeure:

Under no circumstances shall Simxas be held liable to the Eligible Member for this Buyer Protection or any rights under these Official Rules due to or resulting directly or indirectly from acts of nature, forces or causes beyond the reasonable control of Simxas or the relevant seller, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic and other correspondence.

7. Conflict of Terms and Conditions:

a). In case of any discrepancy in the content between the English and other non-English language versions of these Rules, Simxas shall determine which language prevails.

b). In the event that any of the terms under these Rules conflict with rules and or any such related information displayed elsewhere on Simxas, the terms under these Rules shall prevail here.

8. Disclaimer:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL THE PROMOTER BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THIS BUYER PROTECTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

9. Disputes:

You acknowledge and agree that the Promoter or any of its affiliates shall not be responsible, and shall have no liability to the Eligible Member or anyone else for any dispute or claim that arises out of your participation in this Buyer Protection.

10. Governing Law and Dispute Resolution: You agree that this Buyer Protection is governed, interpreted and enforced by the laws of Ghana, without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with these Rules must be finally resolved as stipulated on Simxas. By arbitration with the Ghana International Arbitration Centre, except as otherwise stipulated under applicable law.

 

Seller Agreement

1. Terms that apply to your use of Simxas.

This Seller Agreement (our “Terms”), applies to your use of Simxas services and features we make available to you to display, promote, offer, market or sell products and services (each a “Simxas Feature”) to users of Simxas products and services (each a “User”).

These Seller Terms incorporate other policies, terms and conditions that apply to you when you use Simxas Features, which include but are not limited to:

A). Your use of Simxas Products is governed by the Simxas Conditions of sale, Conditions of use, Trade Assurance, Buyer Protection Terms, Privacy and Policy as applicable, and we process data in accordance with our Policies and Terms.

B). Our Policy apply to access or use of Simxas features for trade or a transactional purpose.

C). The Checkout payment features govern your use of any Payments Features (as defined in those Terms, and currently defined as checkout features we make available to you in or through Simxas Products and Services that enable Users to initiate payments).

D). The rules or policies govern your use of Simxas platform (as defined in the Terms, and currently defined as a set of APIs, SDKs, tools, plugins, code, technology, content and services that enables others to retrieve data from Simxas, or provide data to us.

E). If you receive from us, any information from, about or that can be associated with a User by any means other than through Simxas, your use of such information is governed by our Privacy and Policy.

F). Access to certain Simxas features may require you to meet the requirements set forth in that product and or service feature. Products or services you display, promote, offer, market or sell through Simxas platform must comply with our Policy and, if you use Payments or other features, we may modify each from time to time in our discretion.

To the extent you use other Simxas products and or services in connection with your use of any feature, these Seller Terms are part of the terms that apply to your use of those Simxas products, and those other terms continue to apply. To the extent of any conflict between these Seller Terms and any other terms, the Seller Terms shall govern solely with respect to your use of the service features.

 

2. Your listings and content

A). You grant us certain permissions to use your listings and content. We may display product or service listings shared by you or on your behalf (each a “Product Listing”) on Simxas. You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate, and create derivative works of the Product Listings and any other content, data, or information shared by you or on your behalf or accessed by us in connection with the Commerce Features, including media file attachments (together with your “seller content”) in connection with Simxas products and or services. You represent and warrant that you have all necessary rights as a Seller to grant us the license and rights set forth in these Seller Terms.

B). You are responsible for your listings and content. Even if we host and display your Seller Content on Simxas, you are solely responsible for or liable to the contents of your Seller Content. You must ensure that all Seller Content is true, accurate and complete at all times, including without limitation the description, price, applicable taxes or fees, shipping information, required legal disclosures and other advertisement, offer or promotional content. You are solely responsible for setting all these concerning products and or services you offer. If we provide guidance regarding a suggested description, price, fees, taxes, shipping information and other correspondence for products or services you offer, such guidance is informational only and the decision to accept or reject such guidance is solely yours.

C). You must ensure that your Product Listing provides Users with the terms, conditions and policies that apply to the transaction for that product. You are responsible for displaying, keeping up to date and honoring and fulfilling any sales, returns, refunds and/or privacy policies and all other relevant terms or information or disclosures related to your Product Listings that you want to apply to your interactions with Users or that are otherwise required by law. Any such terms, information, or disclosures do not bind us and must not conflict with these Seller Terms or our other applicable terms and policies.

D). You are responsible for applicable taxes relating to your listings and content. Even if we host and display your Seller Content on Simxas, you are the seller of record and agree to comply with all applicable tax laws and ordinances. Except as otherwise provided in the Payment Terms, you are solely responsible for all determinations, calculations, collections, withholdings, reporting, and remittance of applicable taxes, duties, fees, surcharges and additional charges (“Taxes & Fees”) for sales that result from your use of Simxas features. You are solely liable for all liabilities, including without limitation, any penalties or interest, taxing jurisdictions may assess as a result of the under remittance or non-remittance of any Taxes & Fees imposed on your products or services.

 

3. Your products and services

A). You must comply with our terms and all applicable laws when you use Simxas. Your products and services, Seller Content and use of Simxas must comply at all times with these Seller Terms, our other applicable terms and policies and applicable laws, rules, and regulations. You agree that you are solely responsible for determining that the Simxas features are suitable for your intended use.

B). Sales of counterfeit or pirated products and sales prohibited by government sanctions are strictly prohibited. You are expressly prohibited from displaying, promoting, offering, marketing or selling counterfeit or pirated products or services confirmed by law as illegal goods and or services on Simxas. You agree that Simxas reserves the rights limit, restrict and or deny you access to continue using Simxas to perform any activity. You agree that you are solely responsible and liable to face any legal actions that may arise from this.

C). You are responsible for providing customer service to Users in connection with your products and services. You are responsible for providing, managing, paying for, and fulfilling any sales, warranty and customer service, returns, refunds or accommodations to Users in connection with your use of a Simxas.

D). Any incentives we provide do not modify these Seller Terms. You agree that we may offer to fund promotions, discounts or other incentives (“Incentives”) to you or directly to Users to encourage engagement with Product Listings or Seller Content, and that our funding of Incentives does not violate any other agreement you have or alter your obligations under these Seller Terms.

E). You are responsible for ensuring the integrity and safety of your products and services. You are solely responsible for any defect or non-conformity in any product or service you offer and for complying with any recall or safety alert, or similar direction or notice, with respect to any product or service related to your Product Listings. You agree to promptly remove any Product Listing upon issuance of any recall or safety alert, or similar direction or notice, or claim of infringement of intellectual property rights with respect to products or services relating to your Product Listings.

F). We may review your Seller Content to ensure the integrity of our services, but this does not change your obligations to us or to Users. These reviews may include automated or other audits of your Seller Content to verify compliance with these Seller Terms and applicable law, but do not mean that we assume any responsibility or liability or otherwise agree to modify your responsibilities and liabilities under these Seller Terms and applicable law.

 

4. Our services

A). We may modify or cease providing our services. We may modify or cease operating any Simxas features, with or without prior notice or liability to you.

B). Simxas provide as a convenience to you. The Simxas features, including but not limited to tools we provide that allow you to view information about past transactions, offer Incentives, or to calculate default shipping rate, tax rate or other data, are provided as a convenience only. You use them at your sole discretion and risk. We are not responsible for any inaccuracies, errors or liabilities that may arise out of their use. Additional terms may apply to their use.

C). You may use third party service providers only as permitted by these terms. As used in these Seller Terms, a “Service Provider” means anyone who directly or indirectly provides services to you or to third parties on your behalf. You may use Service Providers in connection with Commerce Features only if you ensure they comply with these Seller Terms, including your responsibility to protect User Data (as defined below). You are solely responsible for the acts or omissions of your Service Providers, and a failure to comply with these Seller Terms by any of your Service Providers will be deemed a breach by you. In certain circumstances and in order to optimize your use of Simxas, you or your Service Provider may provide us with credentials to act on your behalf with respect to our integration with your Service Provider. We are not responsible for any errors, inaccuracies or liabilities whatsoever in connection with our use of such credentials.

D). We may test improvements that affect your use of our services. From time to time, we test improvements to our audiences and delivery systems, which may impact how your Seller Content is displayed or your use of Simxas or other services. Testing is designed to improve the effectiveness of our service, but we are not responsible for impacts to you that may arise from it.

E). We may use automated means to help optimize your listings and content. These means, we may allow the use of automated software and create test credentials to retrieve information from domains, webpages or other data you provide. We or any entity acting on our behalf may access, index, cache, analyze, purge or crawl, including through use of automated software, the domains, webpages or other data associated with your Seller Content in connection with Simxas, enforcement of our Policies, or both. If you provide data or similar content in connection with Seller Content, you grant us and any entity acting on our behalf the right to access, index, cache, purge, analyze or crawl the data and the content available through such data or any portion thereof, and based on your account settings, pull updates periodically from such data to create, augment, or update your Seller Content.

F). We may make ratings and reviews available about you and your listings. We may display ratings and reviews related to you or your Product Listings. We have no responsibility for the content of such ratings and reviews. Except for those ratings and reviews which are part of your Seller Content, you do not own or have any rights in or to such content. You understand we may use automated software to present more useful ratings and reviews to Users. Any ratings or reviews you submit shall comply with our policies and applicable law. Without limiting the foregoing, you may not submit or cause or allow others to submit illegitimate or inauthentic ratings or reviews.

G). Other terms may apply to use of certain features of Simxas. If you send us Contact Information in connection with your use of Simxas, the terms of Simxas regarding Contact Information will apply to our processing of such Contact Information. All other data we receive from you in connection with your use of Simxas is governed by these Seller Terms.

H). Our role. While we may provide certain services to enable transactions, trading or to help resolve issues with buyers, we have no control over and do not guarantee the performance or actions of any buyer, including the ability of buyers to pay for products or services you offer or that a buyer will actually complete a transaction.

 

5. Ranking

We use a number of signals to display relevant Product Listings to Users when they browse or search Simxas.

6. Your use of Simxas Users’ data

A). You may only use User data in accordance with these Seller Terms. You may only use any User’s data, content, or other information you receive from Simxas in connection with your use of Simxas Features (“User Data”) in accordance with our applicable privacy and policy, including, without limitation, our Conditions of Sale, Conditions of Use, Trade Assurance, Buyer Protection Terms, Money Back Guarantee Terms and applicable laws, rules and regulations available to Users. To the extent there is a conflict between or among any of the above, the most restrictive term, policy, law or regulation shall apply. You may not sell or misuse User Data. Without limiting the generality of the foregoing, you may use User Data:

• To support the transactions arising from the User’s use of Simxas or
• For any purpose for which you have obtained the valid consent of the User or otherwise have a legal basis.
• To not engage in direct email marketing to Users unless the User has opted into receiving marketing emails from you.

B). We are both independent controllers of User Data. To the fullest extent, We reserves the rights and are considered separate and independent data controllers of the personal information of Users. As such, we each independently determine the purposes and means of processing User Data and therefore are not responsible for your use of User Data. If we are found to jointly control such User Data and we are held responsible in any way for its use, you agree to indemnify us in accordance with Section 8 below. Where you and a third party jointly determine the purposes and means of specific data processing actions with respect to your Product Listings, you agree that you and such party shall be a joint controller of such User Data. In this case, you and such party are responsible for complying with your obligations under applicable law. To the extent we process User Data as a processor as defined under the laws of the Republic of Ghana, our Privacy and Policies apply.

C). You will cooperate with us to help ensure User privacy. You will promptly notify us in writing when you become aware of a security incident or receive notice of any regulatory or enforcement inquiry regarding privacy or data security in connection with your use of Simxas or User Data, including any involving your Service Providers, unless you are otherwise instructed by a law enforcement or regulatory agency. You will cooperate with us in investigating and remediating a security incident and in responding to a regulatory inquiry or enforcement.

7. Enforcement of our terms

A). We reserve the right to review your use of Simxas and take any actions we deem necessary or advisable in our discretion to protect us or our Users, which may include remedies up to and including suspension or termination of any or all our services to you.

B). Our failure to enforce any part of our terms or policies is not a waiver of our right to do so at a later date.

C). In connection with our review of your use of Simxas, we may request information from you. You agree to promptly comply with our requests.

8. Indemnification

In addition to and without limiting the scope of the indemnification obligations set out in the terms listed in Section 1 above:

A). You agree to indemnify and hold us harmless from and against any claims (including but not limited to claims for property damage, bodily injury or death, and to the extent permitted by law, claims based on our negligence), damages, losses and expenses of any kind (including reasonable legal fees and costs) (collectively, “Claims”) arising from or related to your sale of products using Simxas, the products you sell using Simxas, your acts or omissions with respect to User Data or any breach or alleged breach of these Seller Terms.

B). You agree to indemnify and hold us harmless from all Claims related to Taxes & Fees, including any penalties and interest (“Tax Liabilities”) that may result from your use of Simxas. You agree that:

(i) we have no liability to you or any taxing jurisdiction for any Tax Liabilities;

(ii) you are solely responsible and liable for payment of Tax Liabilities;

(iii) you shall not seek reimbursement from us for Tax Liabilities.

9. Other terms and conditions

A). If you connect your account from another Simxas Features or Products to your use of Simxas, then these Seller Terms will apply to your use of Simxas on those other Simxa Features or Products, in addition to the other terms which continue to apply to those features or products.

B). If you are a business established in other country and use Simxas to sell products and or services to consumers located in the country and or other country, your commercial relationship with Simxas supplements these Seller Terms.

C). These Seller Terms do not create any partnership, joint venture, franchise, sales representative or agency relationship between you and Simxas or an exclusive relationship between us.

D). We may change or update these Seller Terms at any time in our sole discretion. If we make changes or updates, we may provide you with notice such as by email or by posting the amended Seller Terms here and updating the “Last Updated” date. All amended Seller Terms will become effective immediately when posted unless we state otherwise, and will apply prospectively after such changes and updates become effective. Your continued use of the Simxas constitutes acceptance of those changes and updates.

E). We may translate these Seller Terms into languages other than English for your convenience, but to the extent there are any inconsistencies or conflict between those translations and the English version, Simxas shall determine to the fullest extent which language prevail.

F). If any portion of these Seller Terms are found to be unenforceable, then (except as otherwise provided) that portion will be severed and the remaining portion will remain in full force and effect.

G). You may terminate these Seller Terms at any time by providing us with at least 30 days prior written notice. The following provisions will still apply following any termination of these Seller Terms: Sections 1, 2, 3, 4.B, 4.C, 4.F, 4.H, 6, 7.B, 7.C, 8 and 9.

 

Trade Assurance

Trade Assurance protects your online trade payments for orders when you trade through Simxas.com. Purchase conveniently, securely and with confidence on Simxas.com as we do our best to provide you with the best of services.

This Trade Assurance online order/purchase is where buyer and seller define product quality and/or quantity and specify ship date.

So many secure payment methods are supported to make available for safe trade. Some of these payment methods include mobile money, Visa card and Mastercard, and others to enable flexibility in your choice of payment medium.

We run a technological system that makes sure your payment gets to the supplier safely as agreed. Simxas supports you throughout to when the product is delivered. When the product is delivered, inspect the product right immediately to ensure satisfaction.

In situations where you make payment for an order and the product and/or service is not shipped/delivered to you as per the time specified and/or arranged by the supplier, there is a grace period of up to five (5) days after the specified shipping/delivery time of the product and/or service by the supplier. If your product and/or service is still not shipped/delivered to you within the grace period, you may request for a refund within fifteen (15) days after the deadline for that particular product and/or service grace period if your fund(s) is/are not refunded automatically.

A five (5) day grace period is implemented to also protect suppliers due to the inability of absolute control of shipping and/or delivery agencies by suppliers and/or Simxas.

The grace period does not only protect suppliers but also give some room for shipping/delivery agencies when certain uncontrollable forces such as weather and/or climate conditions, accidental delays and amongst others sets in to delay delivery.

In as much as Simxas is trying hard to make the world of trading a better platform, we also seek to understand the situation of each client and/or party involved in the trading.